Dam v. Board of Parole and Post-Prison Supervision
Case #: A145323
Wollheim, J. for the Court; Schuman, P.J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A145323.pdf
Criminal Procedure: Erred psychological report leading to denial of parole requires new psychological evaluation pursuant to ORS 144.226 and ORS 144.228.
Defendant sought judicial review of an order of the Board of Parole and Post-Prison Supervision board (Board). Defendant is serving a dangerous offender sentence. As part of his review for parole, Defendant was given a psychological evaluation to determine if he was still a threat to the community pursuant to ORS 144.226 and ORS 144.228. The Board determined that Defendant has mental or emotional disturbance and remains dangerous. Defendant appealed. Defendant claimed the report the Board used was incorrect and included several criminal offenses he did not commit. While the State argued it did not rely on the flawed information in the report to conclude Defendant was still a threat to the community, this Court finds it impossible to determine whether the determination was made based on the flawed information. Reversed and remanded for reconsideration.